Some Remarks on the Protection of Property Rights in Time of Armed Conflict

Author(s):  
Michael Bothe
2020 ◽  
pp. 559-591
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey

This chapter examines protection of the right to property in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 1 of Protocol 1 and explains that all the provisions of the Convention, including Articles 13 to 18, apply equally to the rights guaranteed by the First Protocol. The chapter also suggests that the Strasbourg Court has come to approach the protection of property rights using much the same methodology as it adopts in relation to complaints of violations of the rights protected by Articles 8 to 11. It examines the application of the right to property to issues such as rent control and restitution, especially focusing on cases arising from the transition of post-Soviet States to democracy, and cases arising from armed conflict.


2020 ◽  
Vol 21 (2) ◽  
pp. 397-425
Author(s):  
Tamar Megiddo ◽  
Eyal Benvenisti

AbstractThis Article examines the authority of states to settle individual private property claims in post–conflict negotiations towards settlement. We analyze this question by exploring the limits of states’ authority to take or limit private property rights for the public good. We argue that this authority rests on two cumulative justifications: the inclusion of the property owners among the public that stands to benefit from the public good, and their representation by the government that decides on the taking of the property. In post–conflict settlement, the negotiating states may redistribute both private property and the public good between and within their respective communities. Their authority to redistribute continues to rests on the same justifications of inclusion and representation. Hence, their authority extends only to the redistribution of property of owners who are members of the respective communities that negotiate the agreement, and who are represented by a negotiating government.


1986 ◽  
Vol 80 (4) ◽  
pp. 831-853 ◽  
Author(s):  
John Henry Merryman

One way of thinking about cultural property—i.e., objects of artistic, archaeological, ethnological or historical interest—is as components of a common human culture, whatever their places of origin or present location, independent of property rights or national jurisdiction. That is the attitude embodied in the Convention for the Protection of Cultural Property in the Event of Armed Conflict of May 14, 1954 (hereinafter “Hague 1954”), which culminates a development in the international law of war that began in the mid-19th century.


Author(s):  
Viktor Filatov ◽  
Sergey Нerasymchuk ◽  
Oksana Zuieva ◽  
Oksana Tuieva ◽  
Dmytrо Kartsyhin

The aim of the research is a comprehensive analysis of the problem of protecting property rights against a terrorist threat and finding ways to solve it. The article deals with the main problems of protection of property rights under conditions of external military aggression in Ukraine. The authors, with the example of a separate case, analyses the problematic aspects of renewing and granting property rights to citizens residing in the temporarily occupied territory of Ukraine. Methodologically, it is a documentary research. It is concluded that the law and judicial practice of the protection of property rights in the example of the right to compensation for damaged homes may prove insufficient on its own. The weaknesses of Ukrainian legislation in compensation for damage caused to citizens in conditions of armed conflict and terrorist activity are discussed in detail. Finally, it emphasizes the role of transitional justice in improving the law and practice of resolving disputes overcompensation for moral and material damage under the conditions of occupation of certain territories of Ukraine.


2014 ◽  
Vol 4 (2) ◽  
pp. 217
Author(s):  
MSc. Fatlum Halimi

The aim and purpose of this paperwork is to review how the property rights in Kosovo are protected in the aftermath of the armed conflict of 1999. Paperwork moreover explains the quasi-judicial mechanisms created to protect property rights, their fundamental principles, legal framework, jurisdiction and their endorsed legal remedies.This paperwork is prepared based in triangulation methodology, i.e. empirical method, including legislative application and statistical method.The protection of property rights in Kosovo is considered a serious problem and the legal system here in particular the work of judicial institutions/regular courts has shown inefficiencies due to political interference in the judicial system and the large number of backlog cases in the courts, in the other hand insufficient number of judges to cope and handle that amount of backlogs.Housing and Property Directorate and its successor Kosovo Property Agency were established as apolitical and independent institutions led and supervised internationally as an ideal solution for resolution of property disputes efficiently and un-biased.Both institutions are faced with challenges and obstacles during the processing, adjudication and implementation of property claims. However, the results obtained in this paperwork show that Housing and Property Directorate has accomplished its mission efficiently, un-biased and in accordance with its legal framework, while Kosovo Property Agency has been performing its mandate in effective manner.


2020 ◽  
Author(s):  
Colin Harris ◽  
Meina Cai ◽  
Ilia Murtazashvili ◽  
Jennifer Murtazashvili
Keyword(s):  

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